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PEOPLE v. CHRISTENSEN

2008-09110, (Index No. 8504/07).

77 A.D.3d 174 (2010)

906 N.Y.S.2d 301

In the Matter of THE PEOPLE OF STATE OF NEW YORK, Respondent, v. FRANCIS G. CHRISTENSEN, as Town Justice of the Town of Milan, Appellant, et al., Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided August 3, 2010.

Attorney(s) appearing for the Case

Brenner, Gordon & Lane, Poughkeepsie ( Marshall L. Brenner of counsel), and Mickey A. Steiman , Hyde Park ( David L. Steinberg of counsel), for appellant (one brief filed).

Paul M. Salvino , Albany, for respondent.

Duffy & Duffy, Uniondale ( Michael A. Santo of counsel), for New York State Magistrates Association, amicus curiae.

MASTRO, J.P., BALKIN and SGROI, JJ., concur.

OPINION OF THE COURT

ANGIOLILLO, J.

Many district attorneys of counties in New York State, when faced with inadequate resources, have lawfully delegated their authority to prosecute Vehicle and Traffic Law cases to the police agencies which issue the tickets for those offenses. One such police agency, the Division of New York State Police (hereinafter the Division), adheres to a policy against plea bargaining. On this appeal, we are asked to consider whether...

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